End user agreement for SpeechVibe
Conceptual Speech Technologies, LLC(r) - Electronic End-User Software License Agreement for SpeechVibe.
THIS LICENSE AGREEMENT IS A LEGAL DOCUMENT. READ IT CAREFULLY BEFORE PURCHASING A LICENSE AND REGISTRATION KEY, DOWNLOADING, INSTALLING OR USING THE SOFTWARE AS DEFINED IN SECTION 1F BELOW. THE SOFTWARE IS SOLD "AS IS" AND CONCEPTUAL SPEECH TECHNOLOGIES, LLC DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF THE USE OF THE SOFTWARE, AND SUCH USE IS AT YOUR OWN RISK. THERE ARE ABSOLUTELY NO REFUNDS ON LICENSES PURCHASED FOR DOWNLOADABLE PRODUCTS. IF YOU DO NOT AGREE WITH OUR NO-REFUND POLICY AND ALL THE OTHER TERMS OF THIS LICENSE AGREEMENT, THEN DO NOT CONTINUE WITH YOUR PURCHASE OF A LICENSE, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE. BY CONTINUING YOU ARE INDICATING THAT YOU HAVE READ ALL OF THE LICENSE TERMS AND THAT YOU AGREE.
BY CONTINUING, YOU ALSO ACKNOWLEDGE THAT YOU HAVE EITHER HAD THE OPPORTUNITY TO BECOME FAMILIAR WITH THE SOFTWARE BY EITHER DOWNLOADING AND TRYING THE TRIAL VERSION, OR REVIEWING THE SOFTWARE DOCUMENTATION IN THE SUPPORT SECTION OF OUR WEBSITE, AND THAT YOU HAVE EITHER DONE SO OR WAIVED THAT OPPORTUNITY. CONCEPTUAL SPEECH TECHNOLOGIES, LLC RECORDS THE NUMBER OF DOWNLOADS OF OUR PRODUCTS FOR EACH ORDER, AND THE DATE, TIME AND IP ADDRESS OF THE LAST DOWNLOAD. IF OUR RECORDS INDICATE YOU DOWNLOADED A PRODUCT AFTER PURCHASING A LICENSE AND REGISTRATION KEY, WE WILL NOT ISSUE A REFUND.
SPEECHVIBE INCLUDES A REDISTRIBUTION COPY OF THE MICROSOFT SAPI 5.1 ENGLISH RECOGNIZER SPEECH ENGINE (THE "REDISTRIBUTABLE CODE" AS DEFINED IN SECTION 1E BELOW), AND SPEECHVIBE INCLUDES THE FOLLOWING ADDITIONAL LICENSE TERMS RELATED TO THE REDISTRIBUTABLE CODE, TO WHICH YOU MUST AGREE BEFORE INSTALLING AND USING SPEECHVIBE.
The Redistributable Code is the property of Microsoft Corporation and its suppliers and is protected by copyright law and international treaty provisions. You are authorized to make and use copies of the Redistributable Code either as part of the application in which you received the Redistributable Code, or in conjunction with the application for which its use is intended. Except as expressly provided in the foregoing sentence, you are not authorized to reproduce and distribute the Redistributable Code. Microsoft reserves all rights not expressly granted. You may not reverse engineer, decompile, or disassemble the Redistributable Code, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
THE REDISTRIBUTABLE CODE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.YOU ASSUME THE ENTIRE RISK AS TO THE ACCURACY AND THE USE OF THE REDISTRIBUTABLE CODE.MICROSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE REDISTRIBUTABLE CODE, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IF YOU PURCHASED A COPY OF THE SOFTWARE ON MEDIUM (LIKE CD) WITHOUT FIRST AGREEING TO THIS LICENSE AGREEMENT, AND YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, THEN DO NOT INSTALL THE SOFTWARE AND, FOR A FULL REFUND, PROMPTLY RETURN THE ENTIRE PACKAGE UNOPENED TO THE PLACE WHERE YOU OBTAINED IT. IF YOUR CD WAS PURCHASED TOGETHER WITH A DOWNLOAD PRODUCT, A REFUND IS NOT AVAILABLE, HOWEVER, WE WILL REPLACE ANY DEFFECTIVE CD'S IF WE ARE NOTIFIED WITHIN 30 DAYS OF YOUR PURCHASE, AND THE DEFECTIVE CD IS RETURNED TO US.
THIS AGREEMENT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY PURCHASING A LICENSE AND REGISTRATION KEY ELECTRONICALLY, OR BY DOWNLOADING AN ELECTRONIC VERSION OF THE SOFTWARE, OR BY INSTALLING A MEDIUM COPY OF THE SOFTWARE, YOU ACKNOWLEDGE AND CONFIRM YOUR ACCEPTANCE OF THE SOFTWARE AND YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT AND THE LICENSE GRANTED HEREIN. IF YOU DO NOT WISH TO DO SO, THEN DO NOT PURCHASE A LICENSE AND REGISTRATION KEY ELECTRONICALLY OR DO NOT DOWNLOAD AND INSTALL AN ELECTRONIC VERSION OF THE SOFTWARE, AND IF YOU HAVE PURCHASED A MEDIUM COPY OF THE SOFTWARE, DO NOT INSTALL THE SOFTWARE.
YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US THAT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US OR OUR REPRESENTATIVES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
(a) "Agreement" means this End-User Software License Agreement
(b) "Pre-Release Version" means a version of the Software released for testing purposes prior to the Software becoming commercially available. Pre-Release Versions include but are not limited to alpha and beta releases of the Software, and may not be used for, nor shall they be distributed to any party for, any commercial purpose.
(c) "License" is defined in section 2 below.
(d) "Product" means the Software produced by Conceptual Speech Technologies, LLC.
(e) "Redistributable Code" means the Microsoft SAPI 5.1 speech recognition software redistributed to You under this Agreement in conjunction with the Software.
(f) "Software" means the SpeechVibe program supplied by CONCEPTUAL SPEECH TECHNOLOGIES herewith, and any and all updates or upgrades thereto.
(g) "CONCEPTUAL SPEECH TECHNOLOGIES," "We" or "Us" means CONCEPTUAL SPEECH TECHNOLOGIES, LLC a Florida limited liability company, the Licensor under this License Agreement.
(h) ."You" and "Your" means you, the Licensee under this License Agreement.
This Agreement grants You a License to:
(a) Install and use the Software on a single computer and make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.
(b) You agree to purchase one License for each copy of the Software that You install on a computer. You agree not to install the Software on more computers than the number of Licenses You have purchased.
(c) You may install the Software on a storage device, such as a network server, and run the Software on an internal network, provided the number of concurrent users does not exceed the number of Licenses You have purchased.
(d) If You have purchased multiple Licenses for the Software, You may concurrently use the number of copies of the Software authorized by that purchase.
(e) This License is effective until terminated. CONCEPTUAL SPEECH TECHNOLOGIES reserves the rights to terminate this License at any time without notice. You also have the right to terminate this License without notice at any time by destroying all copies of the Software installed on all machines You own, and any documentation related to the Software. A breach by You of the terms of this Agreement automatically terminates this License.
(f) If You are using a Pre-Release version of the Software, You agree to provide CONCEPTUAL SPEECH TECHNOLOGIES with reasonable feedback on the results of Your use of the Software within thirty (30) days of the date when you first installed the Software on a computer.
(g) CONCEPTUAL SPEECH TECHNOLOGIES has used its reasonable efforts in constructing the Software; HOWEVER, certainty of operation on all styles and grades of systems has not been obtained. By using the Software there is a possibility that the Software could damage Your operating system or computer and render it inoperable, or could cause damage to your data. You agree to accept that risk solely on Your own, and without any recourse to CONCEPTUAL SPEECH TECHNOLOGIES.
(h) You may not sublicense, rent, lease, sell or otherwise assign, or transfer this License or the Software or make distributable copies of the Software. Any attempt to sublicense, rent, lease, sell or otherwise assign or transfer any of the rights, duties, or obligations hereunder is void and will automatically void Your License. (i) You agree to keep your registration key confidential and You may not disclose or share your registration key with third parties.
3. License Restrictions
Other than as set forth in Section 2, You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. You may not translate, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not modify the Software or create derivative works based on the Software, and You may not copy any of the written materials accompanying or related to the Software. You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
4. Updates and Upgrades
If this copy of the Software is an update or upgrade from an earlier version of the Software, it is provided to You on a license exchange basis. You agree, by Your installation and use of the copy, the update or upgrade of the Software, to voluntarily terminate Your earlier License, discontinue using the earlier version of the Software and not to transfer the earlier version of the Software to another.
When You purchase a License to use the Software, You are not purchasing the Software itself, but only the right to use the Software under the terms and conditions of this Agreement. The Software is and remains the sole and exclusive property of CONCEPTUAL SPEECH TECHNOLOGIES, and/or its owner if it is being distributed by CONCEPTUAL SPEECH TECHNOLOGIES under license. The foregoing License gives You limited rights to use the Software. Although You may own the media upon which the Software is recorded or stored, You do not become the owner of, and CONCEPTUAL SPEECH TECHNOLOGIES retains title to, the Software, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by CONCEPTUAL SPEECH TECHNOLOGIES.
6. Limited Warranties
(a)If You purchased a License for the Software, CONCEPTUAL SPEECH TECHNOLOGIES warrants that, for a period of thirty (30) days from the date You purchased Your License (as evidenced by our records, a copy of Your receipt and a corresponding valid registration key):
(i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and
(ii) that the medium on which the Software is furnished, if any, will be free from defects in materials and workmanship under normal use. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, THE SOFTWARE IS PROVIDED "AS IS" AND CONCEPTUAL SPEECH TECHNOLOGIES DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CONCEPTUAL SPEECH TECHNOLOGIES DOES NOT WARRANT, GUARANTY OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF CORRECTIVENESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE, AND DOES NOT WARRANT THAT THE OPERATION OF ANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CONCEPTUAL SPEECH TECHNOLOGIES OR OTHERS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE FOREGOING WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY OR DOWNLOAD. No oral or written information or advice given by CONCEPTUAL SPEECH TECHNOLOGIES, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.
(b) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
(c)The Software is dependent on the Microsoft SAPI 5.1 speech recognition software. CONCEPTUAL SPEECH TECHNOLOGIES does not warranty or support performance or failure to perform of the Software caused by the Microsoft speech recognition software or third party email software, nor does CONCEPTUAL SPEECH TECHNOLOGIES warranty or support the Microsoft SAPI 5.1 speech recognition software or any other third party software including but not limited to email software.
(d)Technical support on the Software is provided by CONCEPTUAL SPEECH TECHNOLOGIES on a reasonable efforts basis only, and in order to maintain availability of our Software on an economic basis at reasonable cost, CONCEPTUAL SPEECH TECHNOLOGIES does not represent or warrant that technical support will be available. If technical support is provided, CONCEPTUAL SPEECH TECHNOLOGIES does not provide any warranty whatsoever on such technical support.
7. Exclusive Remedy
Your exclusive remedy under Section 6 is to destroy Your copy of the Software (or if You purchased the software on physical medium return the Software to the place where You acquired it), and send CONCEPTUAL SPEECH TECHNOLOGIES a copy of Your receipt and corresponding valid registration code together with a description of the problem by US Mail to the address indicated in Section 10 below. CONCEPTUAL SPEECH TECHNOLOGIES will use reasonable commercial efforts to supply You with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective medium, or refund to You Your purchase price for the Software (refund not available on downloadable products), at its sole option. CONCEPTUAL SPEECH TECHNOLOGIES shall have no responsibility if the Software has been altered or corrupted in any way, if the medium has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration or other than for its intended purpose.
8. Limitations of Damages
(a) IN NO EVENT SHALL CONCEPTUAL SPEECH TECHNOLOGIES BE LIABLE TO YOU FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGE CAUSED TO YOUR SYSTEM BY THE SOFTWARE OR LOSS OF PROFIT OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF CONCEPTUAL SPEECH TECHNOLOGIES OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) CONCEPTUAL SPEECH TECHNOLOGIES'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(d) To the extent provided by applicable law, the foregoing limitations of damages may not apply to damages for personal injury to You, if any.
9. Basis of Bargain
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the Agreement between CONCEPTUAL SPEECH TECHNOLOGIES and You. CONCEPTUAL SPEECH TECHNOLOGIES would not be able to provide the Software on an economic basis without such limitations.
This Agreement shall be governed by the internal laws of the State of Florida, USA. IF YOU DO NOT UNDERSTAND THE TERMS AND IMPLICATIONS OF THIS LICENSE AGREEMENT OR THEIR MEANING, THEN YOU SHOULD CONSULT A QUALIFIED ATTORNEY BEFORE USING THE SOFTWARE. This Agreement contains the complete agreement between the You and CONCEPTUAL SPEECH TECHNOLOGIES with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: CONCEPTUAL SPEECH TECHNOLOGIES, LLC, P.O. Box 643207, Vero Beach, FL 32964, Attention: Manager. The Software is owned or licensed for distribution by CONCEPTUAL SPEECH TECHNOLOGIES and is protected by United States copyright laws and international treaty provisions. CONCEPTUAL SPEECH TECHNOLOGIES(tm) and SpeechVibe(tm) are trademarks of CONCEPTUAL SPEECH TECHNOLOGIES, LLC, registered in the USA and other countries.